NY State Senate Bill 2019-S3402

Senate Bill S3402

2019-2020 Legislative Session

Prohibits confidentiality and non-disclosure provisions from inclusion in certain contracts entered into by the state or a municipality

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to corporations, authorities and commissions
Feb 06, 2019	referred to corporations, authorities and commissions

co-Sponsors

2019-S3402 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Add §11-a, UDC Act; add §148, St Fin L; add §99-x, Gen Muni L; add §107, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1196
2023-2024: S545

2019-S3402 (ACTIVE) - Summary

Prohibits confidentiality and non-disclosure provisions from inclusion in contracts pertaining to economic development, entered into by the state or a municipality.

2019-S3402 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3402

SPONSOR: GIANARIS
 
TITLE OF BILL:  An act to amend the urban development corporation act,
the state finance law, the general municipal law and the economic devel-
opment law, in relation to prohibiting confidentiality and non-disclo-
sure provisions from inclusion in certain contracts entered into by the
state or a municipality

 
PURPOSE:

To ensure that private parties do not bind state officials with nondis-
closure provisions in contract, ensuring proper public review.

 
SUMMARY OF PROVISIONS:

Section 1 amends chapter 174 of the laws of 1968, constituting the urban
development corporation act, adding a new section 11-a prohibiting
nondisclosure agreements in any such contracts

Section 2 amends the state finance law, adding a new section 148 to

prohibit non-disclosure provisions in contracts between the state, state
agencies, and public authorities and outside entities.

Section 3 amends the general municipal law, adding a new section 99-x,
prohibiting non-disclosure provisions in contracts between munici-
palities and outside entities

Section 4 amends the economic development law, adding a new section 107,
prohibiting non-disclosure agreements in any such contracts.

 
JUSTIFICATION:

Government entities negotiating away billions of taxpayer dollars in
secret is an affront to democracy and cannot be allowed. Taxpayers
deserve transparency when their state and local governments are spending
money on economic development deals. This legislation prohibits secrecy
around those deals, prohibiting the state, municipalities, state and
local agencies and public authorities from entering in to non-disclosure
agreements around competitive bids.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
Immediately

2019-S3402 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3402
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to amend the urban development corporation act, the state finance
   law,  the  general  municipal law and the economic development law, in
   relation to prohibiting confidentiality and non-disclosure  provisions
   from  inclusion  in  certain  contracts entered into by the state or a
   municipality
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
 the urban development corporation  act,  is  amended  by  adding  a  new
 section 11-a to read as follows:
   §  11-A.  NON-DISCLOSURE AGREEMENTS; PROHIBITIONS. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, NO AGREEMENT OR CONTRACT ENTERED
 INTO BY THE STATE OR ANY INSTRUMENTALITY THEREOF,  ANY  MUNICIPALITY  OR
 PUBLIC CORPORATION FOR PROJECTS, INCLUDING BUT NOT LIMITED TO TAX INCEN-
 TIVES,  PAYMENTS  IN LIEU OF TAXES, TAX ABATEMENTS, BONDS, NOTES, LOANS,
 GRANTS OR REBATES, SHALL CONTAIN ANY PROVISION, CLAUSE OR LANGUAGE  THAT
 PROVIDES  THAT  THE CONTRACT OR AGREEMENT OR ANY OF ITS TERMS ARE CONFI-
 DENTIAL OR THAT THE PARTIES TO THE AGREEMENT OR CONTRACT ARE  PROHIBITED
 FROM  DISCLOSING, DISCUSSING, DESCRIBING OR COMMENTING UPON THE TERMS OF
 THE AGREEMENT OR CONTRACT.
   § 2. The state finance law is amended by adding a new section  148  to
 read as follows:
   §  148.  NON-DISCLOSURE  AGREEMENTS; PROHIBITIONS. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, NO AGREEMENT OR CONTRACT ENTERED
 INTO BY THE STATE OR ANY STATE AGENCY OR PUBLIC AUTHORITY  FOR  ECONOMIC
 DEVELOPMENT,  INCLUDING  BUT  NOT LIMITED TO TAX INCENTIVES, PAYMENTS IN
 LIEU OF TAXES, TAX ABATEMENTS, BONDS, NOTES, LOANS, GRANTS  OR  REBATES,
 SHALL  CONTAIN  ANY PROVISION, CLAUSE OR LANGUAGE THAT PROVIDES THAT THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06777-01-9

 S. 3402                             2
 
 CONTRACT OR AGREEMENT OR ANY OF ITS TERMS ARE CONFIDENTIAL OR  THAT  THE
 PARTIES  TO  THE  AGREEMENT  OR CONTRACT ARE PROHIBITED FROM DISCLOSING,
 DISCUSSING, DESCRIBING OR COMMENTING UPON THE TERMS OF THE AGREEMENT  OR
 CONTRACT.
   § 3. The general municipal law is amended by adding a new section 99-x
 to read as follows:
   §  99-X.  NON-DISCLOSURE AGREEMENTS; PROHIBITIONS. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, NO AGREEMENT OR CONTRACT ENTERED
 INTO BY A MUNICIPAL CORPORATION, POLITICAL SUBDIVISION, PUBLIC AUTHORITY
 OR LOCAL AUTHORITY FOR ECONOMIC DEVELOPMENT, INCLUDING BUT  NOT  LIMITED
 TO  TAX  INCENTIVES,  PAYMENTS  IN LIEU OF TAXES, TAX ABATEMENTS, BONDS,
 NOTES, LOANS, GRANTS OR REBATES, SHALL CONTAIN ANY PROVISION, CLAUSE  OR
 LANGUAGE  THAT  PROVIDES  THAT  THE  CONTRACT OR AGREEMENT OR ANY OF ITS
 TERMS ARE CONFIDENTIAL OR THAT THE PARTIES TO THE AGREEMENT OR  CONTRACT
 ARE  PROHIBITED  FROM  DISCLOSING,  DISCUSSING, DESCRIBING OR COMMENTING
 UPON THE TERMS OF THE AGREEMENT OR CONTRACT.
   § 4. The economic development law is amended by adding a  new  section
 107 to read as follows:
   §  107.  NON-DISCLOSURE  AGREEMENTS; PROHIBITIONS. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, NO AGREEMENT OR CONTRACT ENTERED
 INTO BY THE STATE OR ANY INSTRUMENTALITY THEREOF,  ANY  MUNICIPALITY  OR
 PUBLIC  CORPORATION  FOR ECONOMIC DEVELOPMENT, INCLUDING BUT NOT LIMITED
 TO TAX INCENTIVES, PAYMENTS IN LIEU OF  TAXES,  TAX  ABATEMENTS,  BONDS,
 NOTES,  LOANS, GRANTS OR REBATES, SHALL CONTAIN ANY PROVISION, CLAUSE OR
 LANGUAGE THAT PROVIDES THAT THE CONTRACT OR  AGREEMENT  OR  ANY  OF  ITS
 TERMS  ARE CONFIDENTIAL OR THAT THE PARTIES TO THE AGREEMENT OR CONTRACT
 ARE PROHIBITED FROM DISCLOSING,  DISCUSSING,  DESCRIBING  OR  COMMENTING
 UPON THE TERMS OF THE AGREEMENT OR CONTRACT.
   § 5. This act shall take effect immediately.

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Senate Bill S3402

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Sponsored By

Michael Gianaris